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eBook details

• Title: Simonson v. Jahnke Auto Parts
• Author : State of Wisconsin in Court of Appeals District II
• Release Date : January 23, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

1 John B. Simonson appeals the summary judgment against him in his small-claims case. Simonson sued Jahnke Auto Parts, Inc., for "the illegal taking and disposal" of his car after it had been towed by the city. The Appleton Police Department had Jahnke tow and impound Simonsons car on July 12, 2005, in accord with Jahnkes contract with the city of Appleton. One month later, on August 12, 2005, the city sold the car to Jahnke pursuant to WIS. STAT.§ 342.40(3)(c), and Jahnke disposed of the car. Simonson claims that Jahnke is liable to him for the cost of the vehicle. Simonson is wrong for two main reasons. First, as the small claims court noted, it was the city that towed his car and ultimately sold it. If anyone was liable to Simonson for the car, it would be the city and not Jahnke. But still more importantly, the city disposed of the car in accord with the statutory procedure, after Jahnke had waived all right, title, and interest in the vehicle and consented to its sale by failing to exercise his right to claim it. We affirm.

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